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HomeMy WebLinkAbout1984-OR-14 AN ORDINANCE AUTHORIZING DEVELOPMENT OF MANUFACTURED HOUSING IN RESIDENTIAL ZONES AN ORDINANCE regulating the zoning ordinance, est instituting penalties for WHEREAS, the City of Jeffersonvi] to the state or federal many Jeffersonville and WHEREAS, WHEREAS, manufactured homes on ~ and roofing materials built methods are virtually yet can have a significant the Common Council of the City standards contained herein can convenience, and welfare and aid Jeffersonville. of manufactured housing, providing installation si that ion and safety s~ with decent, safe foundations stat .shable fro~ ~avings; the and homes built can provide affordable housing; conventional siding construction forms of housing, ville finds that the health, safety, development of NOW, THEREFORE, BE IT ORDAINED BY THE COMMON THAT: CIL OF THE CITY OF JEFFERSONVILLE I. INTENT It is the intent of this ordinance modest income housing in general use of certain manufactured homes in which similar dwellings to the requirements set forth in exterior appearance between ~ that have been or might be consl regulations on adjacent or in to und~ lots in .ow provision of alternative ial areas by permitting the herein, in all districts site are permitted, subject ure acceptable similarity homes and dwellings these and other lawful same district. II.- DEFINITIONS. A. EXPANDO ROOM' An expandable manufactur~ housing unit. B. MANUFACTURED HOME A dwelling unit fabrica off-site manufacturing at the building site, built in compliance Construction and Safer Acts of 1971, as Building Council. on or after January 1, 1981, in an !acility for installation--- or assembly aring a seal certifying that it ms the federal Manufact~red Housing Standards Code or Indi%n&.Public Law 360, bythelndianaAd~n~itrative MANUFACTURED HOUSING AND SAFETY ST~S CODE Title IV of the 1974 and Community Development Act (42 u. s. ¢. 5401 et .seq), as mended (previous3y as federal Mobile Home i:onstruction and Safety Act), r~s and regulations adopted :hereun er, which include H.U%D.~pproved information by the home manufacturer, an~ ~e.~lations and of said code by the Indiana Admini~ rative Building Council. MOBILE HOME ~ A tran ~port~ ~ructure built prior to June 15, 1976 lth~ effective d~ ~ the federal Mobile Home Construc~ion'a~, Safety Act of 1974, larger than three hundred and twenty.~32~ ~ square feet, and designed to be used as a year-round resident a~ dwelling. III. E. ONE AND TWO FAMILY DWELLING CODE, INDIANA The mandatory statewide bUilding code adopted by the Indiana Administrative Building Council for one and two family residential dwellings. PUBLIC LAW 360, ACTS OF 1971 Enabling legislation requiring the Indiana Administrative Building Council toadopt rules and regUlations for the construction, repair or maintenance of factory-constructed one or two family residential dwellings. G. SPECIAL EXCEPTION PERMIT A device for permitting a use within a district other than a principally permitted use. STANDARDS A. PERMITTED PLACEMENT The establishment, location, and use of manufactured homes as scattered-site residences shall be permitted in any zone permitting installation of a dwelling unit subject to requirements and limitations applying generally to such residential use in the district and provided such homes shall meet the following re- quirements and limitations: 1. the home shall meet all requirements applicable to single- family dwellings and possess all necessary improvement location, building and occupancy permits and other certifications required by the code; 2. the home shall be larger than 950 square feet of occupied space or meet the minimum square footage requirements for the appropriate zone; 3. the home shall be attached and anchored to a permanent foundation in conformance with the regulations in the Indiana One and Two Family Dwelling Code and with manufacturer's installation specifications; 4. the home shall be covered with an exterior material customarilly used on site built residential dwellings, and such material shall extend over the top of the foundation (or meet the community's site built residential dwelling home standards).. 5. the home shall have a roof composed of a material customarilly used on site built residential dwellings such as asbestos, fiberglass, shake, asphalt or tile, which shall be installed onto a surface appropriately pitched for the materials used. 6. the home shall have been constructed after January 1, 1981. PLACEMENT WITH PERMIT Manufactured homes not meeting the terms of Section III, Paragraph A, and mobile home~, shall be permitted within the City of Jeffersonville only after receiving a special exception permit from the body authorized to grant special exception permits. C. STRUCTURAL ALTERATION Due to its integral design, any structural alteration or modification of a manufactured or mobile home after it is placed on the site must be approved by the authorized building administrator (or other designee) of the City of Jeffersonville. -2- IV. TEMPORARY USE VI. VII. A. CIRCUMSTANCES FOR PERMIT ISSUANCE Subject to conditions, fees, and standards otherwise required in the zoning ordinance, a temporary use permit shall be issued: 1. to an applicant in the process of building a site built dwelling to locate a manufactured or mobile home on a building lot during the course of construction of the dwelling; such permit shall not be issued until after a building permit for the dwelling has been issued; 2. to an applicant to use a manufactured or mobile home as s caretaker's quarters or construction office at a job site; 3. to an applicant whose own health or the health of another necessitates care, and where the facts show that an unnecessary hardship would occur if n6t permitted to locate a manufactured home adjacent to the residence of one who is able to provide such care or in need of such care. LENGTH OF PERMIT A temporary use permit may be issued, at the discretion of the plan commission or its designated administrator, for a period not to exceed one (1) year. The temporary permit may be renewed for an additional one (1) year period upon showing a good cause, and with permission to do so. However, at the discretion of the plan commission or its designated administrator, a temporary use permit may be issued to an applicant for a health or age related circumstance for a period coterminous with the health or age related circumstance. C. PERMIT EXPIRATION At the time the temporary permit expires, the manufactured or mobile home and all appurtennances shall be removed from the property within ninety (90) days. D. UTILITY REQUIREMENTS Manufactured or mobile homes used for temporary uses shall have an approved water supply, sewage disposal system, and utility connections, where appropriate, and at the discretion of the plan commission or its designated administrator. PERMIT FEE A temporary use permit shall be issued by the plan commission's designated administrator. The fee shall be ~ifty ~ollars ($50.00) and is in addition to all other required permits for utilities and sewage disposal systems. APPEAL An action to review any order, requirement, decision, or determination made by an administrative official or board charged with enforcement of the zoning ordinance shall be pursuant to I.C. 36-7-4-919. PENALTIES Penalties for violating the provisions of this ordinance shall be in accordance Section 25~ of the Zoning Ordinance of the City of 3effersonville 1960. The following additions are made tothe Zoning Ordinance of the City of Jeffersonville 1960. Section 24, Paragraph G and H are amended as follows: G. For each permit, permitting temporary building or trailer for construction purposes under Section IV, Subsection A, a fee of Fifty Dollars ($50.00) shall be paid to and collected by the Building Commissioner. H. For each permit, permitting the use of a mobile home for an office for a period of one year, under Section 21, Subsection J, a fee of Fifty Dollars ($50.00) shall be paid to and collected by the Building Co~anissioner. -3- Section 24 is further amended by the addition of the following paragraphs: (i) For each application for an Improvement Location Permit, the sum of Twenty Five Dollars ($25.00) to be paid to and collected by the Building Commissioner. VIII.' SEVERABILITY CLAUSE If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance. It is being expressly declared that this ordinance and each section, sub- section, paragraph, sentence, clause and phrase would have been adopted re- gardless of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional. -4- This Ordinance shall be in full force and effect from and after its passage and approval. Adopted this day of , 1984. MAYOR Attest: CLERK-TREASURER Presented by me as C%erk-Treasurer to the Mayor of said City of Jeffersonville, this day of , 1984. Approved and signed bY me this CLERK-TREASURER .day of , 1984. MAYOR -5-